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Report No. 260

Analysis of the 2015 Draft Model Indian Bilateral Investment Treaty

Contents
Chapter I Background to the Report
Background to the Report (1)
Background to the Report (2)
Chapter II Preliminary
A. Preamble
(i) Analysis and comment
(ii) Suggested draft
B. Article 1. Definitions
(i) Analysis and comment
(ii) Suggested draft
C. Article 2. Scope and General Provisions
(i) Analysis and comment
(ii) Suggested draft
Chapter III Obligations of Parties
A. Article 3: Standard of Treatment
(i) Analysis and commen
(ii) Suggested draft
B. Article 5. Expropriation
(i) Analysis and commen
(ii) Suggested draft
C. Article 6. Transfers (Monetary Transfer Provisions)
(i) Analysis and commen
D. Most Favoured Nation (Absent provision)
(i) Analysis and commen
Chapter IV Investor, Investment and Home State Obligations
A. General comment
B. Article 8. Scope of this Chapter
(i) Analysis and commen
(ii) Suggested draft
C. Article 9. Obligation against Corruption
(i) Analysis and commen
(ii) Suggested draft
D. Article 10. Disclosures
(i) Analysis and commen
(ii) Suggested draft
E. Articles 11 and 12. Taxation and Compliance with Laws of Host State
(i) Analysis and commen
(ii) Suggested draft
F. Article 13 - Home State Obligations
(i) Analysis and commen
(ii) Suggested draft
Chapter V Dispute Settlement
A. General comment
B. Article 14.1. Purpose
(i) Analysis and commen
(ii) Suggested draft
C. Article 14.2(ii). Instances where ISDS mechanism is not applicable
(i) Analysis and commen
(ii) Suggested draft
D. Article 14.3. Exhaustion of local remedies, Notice and Consultation
(i) Analysis and commen
(ii) Suggested draft
E. Article 14.4(4). Additional conditions precedent for submission of dispute to arbitration
(i) Analysis and commen
(ii) Suggested draft
F. Article 14.5. Appointment of arbitrators
(i) Analysis and commen
(ii) Suggested draft
G. Article 14.6. Prevention of conflict of interest of arbitrators and challenges
(i) Analysis and commen
(ii) Suggested draft
H. Article 14.8. Transparency in arbitral proceedings
(i) Analysis and commen
(ii) Suggested draft
I. Article 14.9. Burden of proof and governing law
(i) Analysis and commen
(ii) Suggested draft
J. Article 14.10. Award
(i) Analysis and commen
(ii) Suggested draft
Chapter VI Exceptions
A. Article 16. General exceptions
(i) Analysis and commen
(ii) Suggested draft
Chapter VII Final Provisions
A. Article 19. Relationship with other Treaties
(i) Analysis and commen
(ii) Suggested draft
B. Article 20. Denial of Benefits
(i) Analysis and commen
(ii) Suggested draft
C. Article 21. Consultations and Periodic Review
(i) Analysis and commen
(ii) Suggested draft
D. Article 22: Amendments
(i) Analysis and commen
(ii) Suggested draft
E. Article 23: Entry into Force
(i) Analysis and commen
(ii) Suggested draft
F. Article 24: Duration and Termination
(i) Analysis and commen
(ii) Suggested draft


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